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(영문) 대구지방법원김천지원 2020.12.09 2020고단842
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On January 19, 2020, the Defendant driven the Gu-U.S. P. 76 at the city of Gu-U.S. on January 12:25, 2020, by driving the said car, and led it to the right way from the distance of Si-U.S. to the industry.

At all times, the traffic control by signal apparatus is a three-distance intersection where the traffic control is conducted, and the crosswalk is installed in the direction of the proceeding, so the Defendant, who is engaged in driving of a motor vehicle, had a duty of care to prevent the accident by safely checking whether there is a pedestrian who gets on the crosswalk by reducing speed and safely driving the crosswalk.

Nevertheless, the Defendant neglected this and failed to avoid the victim C ( South and 84 years old) who was standing a crosswalk from the right side of the running direction of the Defendant vehicle to the left side, and received the front part of the Defendant vehicle.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as cutting the mouth, which requires approximately 14 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs;

1. A written diagnosis;

1. Application of internal investigation reports (in relation to pedestrians' signals), traffic signal control cycle signs, D, CCTV-fash photographs in violation of parking and stopping regulations, and CD-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. Determination of sentence;

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